Legal Opinion
Angus v. Wald (In Re Wald)
United States Bankruptcy Court, N.D. Alabama
Decided March 26, 1997No. 17-83353PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION ON RENEWED MOTION FOR SUMMARY JUDGMENT
BENJAMIN COHEN, Bankruptcy Judge.
The Collateral Estoppel Effect of State Court Default Judgments in Bankruptcy Dischargeability Proceedings
Summary of Holding
To determine whether a state court default judgment should be given collateral estoppel effect in a bankruptcy dischargeability proceeding, a bankruptcy court should consider and apply federal law rather than the collateral estoppel law of the state in which the judgment was entered. In the instant case, the default judgment entered against this debtor by the state court should not…
2Cases cited256 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Grogan v. GarnerSupreme Court of the United States · 1991
- Allen v. McCurrySupreme Court of the United States · 1980
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
251 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Treglia v. MacDonaldMassachusetts Supreme Judicial Court · 1999
- Lasky v. Itzler (In Re Itzler)United States Bankruptcy Court, S.D. Florida. · 2000
- American General Finance, Inc. v. Tippins (In Re Tippins)United States Bankruptcy Court, N.D. Alabama · 1998
- Wharton v. Shiver (In Re Shiver)United States Bankruptcy Court, S.D. New York · 2008
- Branton v. Hooks (In Re Hooks)United States Bankruptcy Court, S.D. Georgia · 1999
13 more not listed; retrieve them via the Exa API.